By Carol Lucas
Once again, we have proof that impartiality and ethical standards, as they apply to our not-so-supreme court, have gone to hell in a handbasket. How is it that the highest court in our country has become infiltrated with blatant corruption?
First we watched Justice Clarence Thomas figuratively thumb his nose at what we all know is his fraudulent behavior. By any standard, given his wife’s actions and direct participation in the January 6 insurrection (yes, make no mistake that she was directly involved as many texts show), this man should have recused himself from any case remotely connected to that fiasco. Yet he failed to do so, and with that stance, almost dared anyone to do anything about it.
This is the same man who has taken innumerable gifts from far right organizations, including elaborate vacations and a very expensive RV, or, as he was quick to delineate, a motor coach! He even had the gall to post a short video of his driving this high end gift, proclaiming that what he enjoys most is this kind of vacation, interacting with the everyday man.
File that one under Hypocrisy 101.
For years, Thomas was the person on the court who remained silent, rarely giving voice to any case. This silence has served him well in his own illicit behavior.
Earlier this week, we learned the latest member to add to this unholy faction, Justice Samuel Alito. In my research, I found that at one time, Alito was a conservative who was much akin to those in the Republican party who seem to have vanished into thin air. Like the others on this esteemed court, he is supposed to be impartial. And yet it came to light that the United States flag was flown upside down in January of 2021.
You, dear reader, remember that month, the time when an attempt to overthrow our government was carried out by a group of thugs who smashed windows of the Capitol and chose to defecate on the walls; those same thugs who were responsible for the death as well as the injury of Capitol Police. Indeed, those thugs that Trump calls “hostages” of the government, ones he will free if re-elected. But I digress.
It seems that someone in the neighborhood where the Alitos live had the temerity to post a political sign that Mrs. Alito found offensive. In an “I’ll show you” approach, the Mrs. decided to fly the symbol of our country upside down, a way to declare, “Take that!”
Now this action is often used as a symbol of distress. However, in January of 2021 when it was flown over the Alito home, it was attributed to the false claim by Trump supporters that the election was a fraud.
The Justice, himself, found out this past week that he was not in a position to take on “silent Clarence’s” M.O. and so he responded. And are you ready? He quipped, “I had no involvement whatsoever.” And went on to tell the story of a “very political neighborhood.” Way to go, Sam! Throw your wife under the bus.
This would all be amusing if it weren’t so important that we not lose sight of the broader ramifications. Samuel Alito knew the positioning of the flag, and he also knew what it meant. If he really had “no involvement whatsoever”, that flag would have been removed the same day it went up.
And so the question must be asked: do we as citizens have a right to hold the members of the highest court of our land, the last bastion of justice, to a higher standard?
There have been calls for Alito to recuse himself from any Trump-related case. Don’t hold your breath. We saw how quick Clarence Thomas was to do this, even when it is a well-known fact that his wife’s activities should merit court action. Again, the good old silent treatment!
Justices can and do voluntarily recuse themselves, but those are their own individual calls, and they aren’t subject to review. Perhaps this is where the problem lies: there is no code of ethics that applies to the Supreme Court. It has always been expected that the institution would rise above the political fray, and this is what has bolstered the trust of Americans … until now.
There is no method in place to sanction members of this highest of courts, and this must change. As shown by the activities of some of the members of this ‘esteemed’ group, if they fail to recuse themselves, and if the decisions they hand down are evidence of this bias, then some mechanism of correction must be made available.
It will take time and a great deal of stamina on the part of many who envision the dire results of failure to make the necessary changes regarding “meaningful” guidelines for the court. The phrase “No man or woman is above the law” must apply here as well. While flying our flag upside down doesn’t break the law, it certainly shatters the confidence in our highest court to do what’s right. Thomas and Alito are MAGA conservatives gone amok. Something needs to be done about it.
Carol Lucas is a retired high school teacher and a Lady’s Island resident. She is the author of the recently published “A Breath Away: One Woman’s Journey Through Widowhood.”
